logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.09.22 2017노2260
감금치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (as to the bodily injury caused by confinement), the victim’s slock does not constitute the injury caused by confinement.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the injury of the bodily injury resulting from confinement refers to the alteration of the victim’s physical health condition, and the occurrence of an obstacle to the function of life.

원심에서 채택, 조사한 증거들에 의하면, 피고인은 피해자 머리채를 잡고 얼굴을 밀어 넘어뜨려 무릎을 바닥에 강하게 찧게 하였고, 피해자는 이로 인하여 무릎 부위에 넓게 멍이 드는 타박상을 입었으며, 상해로부터 12일이 지난 2017. 5. 15. 병원에서 수상 일로부터 2 주간 치료를 요하는 우슬 부 타박상을 입었다는 상해 진단서를 받았다.

Comprehensively taking account of these circumstances, the bodily condition of the injured party is deemed to have been changed to the degree that the injured party’s body’s health condition was changed to the degree that the injured party may interfere with the function of life, thereby

The defendant's factual mistake and misapprehension of legal principles are without merit.

B. The Defendant appears to be against his fault on the wrongful argument of sentencing.

The degree of injury suffered by the victim is not severe.

According to the agreement with the victim, the injured party does not want the punishment of the defendant.

These points are favorable to the defendant.

Defendant had been sentenced several times due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rapes), and committed the instant crime even though he/she is under repeated crimes.

Defendant assaulted a female victim on several occasions, sustained a bodily injury, and sustained a bodily injury by confinement.

These points are disadvantageous to the defendant.

The circumstances and the age, sex, environment, circumstances, and results of the crime of the defendant;

arrow